JOURNAL of LEGAL RESEARCH
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
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<![CDATA[Hak Restitusi Bagi Anak Korban Tindak Pidana Kekerasan Seksual ]]>
<![CDATA[Silma Nurhaurima]]>;
<![CDATA[Zulkarnaen Koto]]>;
<![CDATA[Dyah Sulastri Dewi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i4.21689
<![CDATA[The State may not discriminate between one person and another in the fulfillment of human rights because everyone is essentially the same subject in the eyes of the law. This is in accordance with Article 28d, paragraph 1 of the Republic of Indonesian Constitution of 1945. In principle, fair and equal treatment before the law applies not only to adults or people of sufficient age, but also to ensure the fulfillment of children's rights. One form of legal protection for victims of sexual violence is to get restitution. This study uses the approach and concept of the rule of law that applies in the legal system in Indonesia regarding restitution for Child Victims of sexual violence, namely PP Number 43 of 2017 juxtaposed with various cases of fulfilling the right of restitution for Child Victims of sexual violence at UPT P2TP2A DKI Jakarta. In an effort to fulfill the right of restitution for Child Victims of the crime of sexual violence, it is necessary to implement a legal rule that regulates this matter, both in resolving problems if there is a conflict in the fulfillment of the right to restitution.]]>
<![CDATA[Pembaharuan Dalam Sistem Pembagian Waris Secara Proporsional ]]>
<![CDATA[Faiqah Nur Azizah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i3.20935
<![CDATA[The purpose of this research is to identify and analyze the concept and legitimacy of reform in the Islamic inheritance distribution system in relation to men and women. The portion determined in QS al-Nisâ' verses 11-12 concerning the division of inheritance and the party entitled to receive the inheritance is regulated in detail, with implications for the ijtihad of scholars who position the verse as a qat'iyu al-Wurud verse (certainly the origin of the syar'i) and qat'iyu al-Dalâlah verse (definite designation on a certain meaning). The presence of the concept of renewal in the proportional inheritance distribution system answers the ulama's previous rigidity in conducting ijtihad. This study employs a qualitative research method in conjunction with a literature review. According to the study's findings, reforms in the Islamic inheritance distribution system that are proportional to men and women can be implemented. Given the very dynamic nature of law and Islam as a religion of mercy for the universe, it responds to this dynamic through the concept of ijtihad for religious leaders, judges, and the government in order to answer the problems faced by society based on the context of the times, conditions, time, and place.]]>
<![CDATA[Peran Kantor Badan Pertanahan Nasional Mengenai Hak Kepemilikan Atas Tanah Di Kota Jakarta Utara ]]>
<![CDATA[Risye Julianti]]>;
<![CDATA[Soefyanto Soefyanto]]>;
<![CDATA[M Yasir]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i3.20520
<![CDATA[The purpose of this research is to determine the legal implications of the National Land Agency's actions, which resulted in overlapping land ownership rights in North Jakarta. The research method used is Juridical Empirical, which involves analyzing narrative data in the form of statements and then conducting searches for regulations related to this research based on legislation. The results of this research are in the form of collecting and researching juridical data and physical data on land parcels which must be thoroughly investigated, especially regarding land history based on Law Number 5 of 1960 concerning the Basic Agrarian Law. As for those who do not have a certificate, the information on land ownership must be accurate, and after that the data will be announced to the public at the Office of the National Land Agency for the North Jakarta City Administration, the location of the land in question to provide opportunities for interested parties.Keywords: Overlap; Ownership of land rights; National Land Agency. ]]>
<![CDATA[Bentuk Pertanggungjawaban Pidana Korporasi Sebagai Pelaku Tindak Pidana Dumping Limbah Bahan Berbahaya dan Beracun ke Media Lingkungan Hidup ]]>
<![CDATA[Anton Wahyudi]]>;
<![CDATA[Tofik Yanuar Chandra]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i4.22004
<![CDATA[Protection of the environment is a must both for humans themselves. A corporation is a form of business entity which is run by humans to achieve their interests and gain profits. Environment and humans are 2 objects that are very dependent on each other. The integration between humans and the environment on the sustainability of human life itself, will affect various aspects of the Corporation in carrying out its business activities, so that it will affect the environmental system. Thus, the environment will certainly affect human life itself. One of the potentials in this crime is the crime of dumping hazardous waste, which in the nature of Law Number 32 of 2009 concerning Environmental Protection and Management, dumping of hazardous waste is prohibited if it is not managed. Protection of the environment is a must both for humans themselves. A corporation is a form of business entity which is run by humans to achieve their interests and gain profits.Keywords: Crime; Waste Dumping; Corporation]]>
<![CDATA[Perlindungan Hukum Pemegang Lisensi Hak Cipta Menurut Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta ]]>
<![CDATA[Aulia Munadiah]]>;
<![CDATA[Syafrudin Makmur]]>;
<![CDATA[Tresia Elda]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i3.20735
<![CDATA[The main problem in this thesis is the rampant violations of cinematographic works by several parties illegally, such as what happened in the case in Decision Number 14/Pdt.Sus.Hki/Cipta / 2018 / Pn-Niaga Sby which could harm a license holder of the work.. The purpose of this study was to determine the legal protection of copyright license holders from copyright infringement and to find out the basic analysis of the judges' considerations and decisions in the dispute of Decision Number 14 / Pdt.Sus.Hki/Cipta/2018/Pn-Niaga Sby. This research method uses a normative juridical approach. The juridical normative in this study has two sources of law, namely primary and secondary sources of law. The primary source of law refers to Act No. 28/2014, on the Copyright. The theory used in this research is the theory of legal protection and the theory of intellectual property rights. The results of this study indicate that the regulation regarding legal protection has been regulated in Act No. 28/2014, on the Copyright, the problems in the judge's decision in decision Number 14/Pdt.Sus.Hki/Cipta / 2018 / Pn-Niaga Sby, the panel of judges rejecting the defendant's exception and granting the Plaintiff's Lawsuit. Some forms of evidence used in this case are a license agreement for the work which is the object of violation.Keywords: Legal Protection, Infringement, Copyright, License Holder.]]>
<![CDATA[The Role of Humans in Creating a Smart City ]]>
<![CDATA[Maspero Situngkir]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i3.20934
<![CDATA[Every human being is born unique with their own talents and abilities. Therefore, every human being is unique. We cannot compare humans because every human being has its own weaknesses and weaknesses. Thus humans are social creatures who need each other to complement each other. If the talents and abilities that are owned can be channeled properly and correctly, it will create extraordinary innovations that can change mindsets and facilitate all human activities, including by creating Smart Home and Smart City. Of course, this cannot be separated from the development of science and technology in the current era of globalization. Thus, the role of the government is also expected to support this because it is an integrated system. Thus, to realize a smart city, it is necessary to have a system that is mutually integrated and supports each other, namely smart governance, smart society, smart life, smart economy, smart environment, and smart branding.]]>
<![CDATA[Dampak Sosial Dan Keamanan Masyarakat Hiroshima Nagasaki Pasca Dijatuhkanya Bom Atom Tahun 1945 ]]>
<![CDATA[Kusniawati Kusniawati]]>;
<![CDATA[Dhianada Salsabila Lugo]]>;
<![CDATA[Ida Susilowati]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i4.22770
<![CDATA[Before the atomic bomb was dropped in the city of Hiroshima and Nagasaki, social and security conditions in the two cities were fairly prosperous. Hiroshima is known as a military logistics base, communication center, important port, and gathering place for Japanese troops. While Nagasaki was one of the largest ports in South Japan as well as an important city during the war. The research method used is a qualitative method with data sourced from trusted journals, books, and internet sites and by identifying phenomena or events that occur. This study aims to determine the impact of the imposition of American atomic bombs in Hiroshima and Nagasaki, especially for the social and security conditions of the two people. Behind the negative side of the incident, there are also some positive impacts including the end of World War II. Hiroshima and Nagasaki also turned into advanced cities after the atomic bomb tragedy.]]>
<![CDATA[The Role of Arbitrators in Settlement of Land Acquisition Cases according to Law Number 30 of 1999 ]]>
<![CDATA[Rusdiannor Rusdiannor]]>;
<![CDATA[Taufiqurachman Taufiqurachman]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i4.24981
<![CDATA[Resolution of conflicts through civil channels is particularly stated in Law Number 30 of 1999 concerning Arbitration, which governs the arbitration process. According to the findings of the investigation, the matter was decided by the Amuntai District Court on July 14, 2014, by the issuance of decision letter No. 08/PDT.G/2011. The research method that was employed was a normative research method that took a legislative approach to the problem. Document studies and interviews are utilized to gather information, which is then processed. While qualitative analysis is the method of data analysis employed here. According to the findings of the study, it can be inferred that the conflict has not been resolved, but is still in the midst of being resolved.]]>
<![CDATA[Implementasi Penerapan Pemberian Ganti Kerugian Korban Kecelakaan Pesawat: Studi Kasus Lion Air JT-610 PK-LPQ ]]>
<![CDATA[Pramuditya Syaiful Maarif]]>;
<![CDATA[Burhanudin Burhanudin]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i4.14570
<![CDATA[The purpose of this study is to ascertain the carrier's legal obligation for compensating victims of aviation accidents and the appropriate use of release and discharge documents in compensating victims of the Lion Air JT-610 PK-LPQ plane crash. This study employs an empirical normative research methodology in conjunction with a legislative and conceptual approach. Legislative approach to Aviation Law No. 1 of 2009 and Minister of Transportation Regulation No. PM 77 of 2011 on Air Transport Carriers' Responsibilities. A conceptual approach to issue analysis presupposes the existence of empty standards. The findings of this study indicate that Lion Air has paid compensation in accordance with Law No. 1 of 2009 in the amount of Rp. 1.300.000.000,00 per passenger or victim of the Lion Air JT-610 plane crash, but has violated Law No. 1 of 2009 by utilizing release and discharge documents related to Lion Air's compensation, which contain an exoneration clause or waiver of liability clause, thereby absolving the carrier of responsibility in the event of a plane crash. ]]>
<![CDATA[Tinjauan Yuridis Regulasi Investasi Asing Dalam Penyelenggara Layanan Pinjam Meminjam Uang Berbasis Teknologi Informasi (Peer to Peer Lending) Konvensional Dan Syariah Di Indonesia ]]>
<![CDATA[Harlie Subekti]]>;
<![CDATA[Bukhori Muslim Muslim]]>;
<![CDATA[Faris Satria alam]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 4 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i4.14571
<![CDATA[The purpose of this study is to examine regulations relating to foreign investment in the Financial Services Authority Regulation Number 77 of 2016 about Information Technology-Based Borrowing-Lending Services, which was published in 2016. It is burdensome if it is applied in a systematic manner in conjunction with other laws and regulations. Apart from that, the implementation of the organizers in accordance with the Financial Services Authority Regulation Number 77 of 2016 and market behavior (ethical behavior) governed by the organization, in this case the Indonesian Joint Funding Fintech Association, are equally important (AFPI). In this study, the research method is based on a statutory methodology. The type of research used in this study is normative empirical research, with data collection methods such as library research and interviews serving as the primary data sources. According to the findings of the study, foreign investment in the Financial Services Authority Regulation is in conflict with the aforementioned regulations, and the implementation for the operator is classified as less than optimal due to the limited authority of the Financial Services Authority, which is only classified as an authority regulation and not a law, and the implementation for the operator is classified as less than optimal.]]>
